Zoning Board of Appeals Meeting Minutes

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF SEPTEMBER 17, 2008

 

PRESENT: David Baldauf, Chairman

Jeff Irish

Pierce Smith

Michael West

Scott Bergin

 

 

I. CALL TO ORDER

The meeting was called to order at 7:30 p.m.

 

II. APPROVAL OF MINUTES

Meeting minutes of August 20, 2008, were reviewed and approved.

 

III. NEW BUSINESS

Good Counsel Properties, LLC - Case #753 - Use Variance Application for property located at 67 Old Albany Post Road, Rhinebeck, New York. Applicant's attorney and authorized representative, Frank Mora was present and reviewed the application with Board. Mr. Mora stated Ms. Jones, the owner, has not created any new units, expanded the building or increased the number of rooms, bedrooms or bathrooms. Mr. Moore stated the Building Inspector visited the property for a sprinkler system matter and the issue of number of dwelling units was raised. At that time, Mr. Dinga asked the unit not be rented and Ms. Jones complied. David stated the requirement of Test #1 of the application has not been provided. Jeff advised Mr. Mora that income tax returns and financial information regarding the property are needed to prove financial hardship. David stated financial analysis showing the inability to obtain a good financial return is necessary, along with proof of Test #4, that this hardship was not self-created. Scott asked when the unit was used last and Mr. Mora answered it was used last year and that it was a studio, occupied by one tenant. Pierce stated the property record card and letter from the ZEO, after inspecting the property, clearly state this is a 6 unit dwelling. Michael and Pierce questioned when the seventh dwelling unit was put in and how many tenants there currently are. Mr. Mora said he didn't know and would confer with Mrs. Jones. David advised Mr. Mora without all requested documentation, the application was deemed incomplete and was not accepted.

 

 

IV. PUBLIC HEARINGS

Ilani, Peter - Case #751 - (Continuation) - Area Variance Application to reduce lot area from 5.0 acres to 1.72 acres and to reduce lot width from 400 feet to 250 feet for property located at 48 River Road, Rhinebeck, New York. The Continued Public Hearing was opened at 7:40 p.m. Applicant's authorized representative and surveyor, Marie Welsh was present and reviewed the application and map with the Board and public. Also present were Marion Palmatier and Ann Wohlfahrt, both of 18 River Road, Holly Mauskapf, daughter of Del Wolcott, of 78 River Road, Andrea Alvin of 110 River Road and Barbara Lewis Otero, of 86 River Road, all of which were opposed. The neighbors stated this would negatively affect the Town's master plan enabling development for this historical preservation district and ruin the asthetic qualities of the area. Mrs. Welsh showed neighboring properties that are smaller in size and noted the proposed reductions would be similar to them. David advised the Board would consider all comments and would render a determination within 60 days. The Public Hearing was closed at 7:50 p.m.

 

 

V. OLD BUSINESS

 

 

RESOLUTION GRANTING AREA VARIANCES

David Schiffman - Case #750

WHEREAS, an application for an area variance, Case #750, was filed on July 25, 2008 by David Schiffman in compliance with Town Law;

 

WHEREAS, a public hearing on this application was advertised and held by the Town of Rhinebeck Zoning Board of Appeals on August 20, 2008 at the Town Hall;

 

WHEREAS, the record of the hearing has been reviewed and the members of the Board have familiarized themselves with the premises;

 

NOW, THEREFORE BE IT RESOLVED by the Board of Appeals that for the following reasons the Board GRANTS approval for two area variances for an accessory structure, one to allow an increase in floor area square footage from the allowed 1500 sf to 2326 sf, and another to allow an increase in the height from 20' to 26'-2" ;

 

1. The applicant's property is in the R1A zone, located at 163 Old Post Road and known as tax parcel # 6171-00-522040;

 

2. The applicant has completed the construction (with benefit of building permits) of the outer shell of an accessory structure. The structure is a total of 2326 sf and is to be used as two car garage with storage on the lower level and a studio on the upper level;

 

3. Section IV (G)(1)(d)of the Zoning Law limits the square footage of an accessory structure to 1500 sf and the existing structure is 2326 sf ;

 

4. Section IV (G)(1)(a)of the Zoning Law limits the height of accessory structures to 20' and the existing structure is 26'-2" to the median of the roof rake;

 

5. The applicant has agreed to restrictions placed on the structure by the ZEO to limit the studio to a lavatory, office, a small free-standing tub and a kitchenette with a small refrigerator, limiting its use to a studio and not as an accessory dwelling unit;

 

6. The ZBA has determined that the increase in height and square footage will have no negative impact on the neighborhood and there were no objections voiced at the public hearing;

 

7. The ZBA, after due deliberation GRANTS the variances from Sections IV(G)(1)(d) and (a) of the Zoning Law citing it's authority under Section XI.(B)(3);

 

 

Motioned by: Michael West VOTE

Seconded by: Jeff Irish David Baldauf - yes

Jeff Irish - yes

Scott Bergin - absent

Pierce Smith - yes

Michael West - yes

 

 

Date Approved: September 17, 2008

Zoning Clerk: Jadeen Murray

 

 

RESOLUTION GRANTING AN AREA VARIANCE -

WILLIAM CLARKE

CASE #752

 

WHEREAS, an application for an area variance, Case #752, was filed on July 31, 2008 in compliance with Town Law by William Clarke;

 

WHEREAS, a public hearing on this application was held on August 20, 2008 at the Town Hall;

 

WHEREAS, the record of the hearing has been reviewed and the members of the Zoning Board of Appeals have familiarized themselves with the property;

 

NOW, THEREFORE BE IT RESOLVED, that for the following reasons the Board GRANTS approval of an area variance allowing for the proposed two-lot subdivision with one of the lots comprising 2.924 acres:

 

1. The property is located in an R3A Zone in the Town of Rhinebeck, New York, and is known as tax parcel #135089-6370-00-614967.

 

2. The applicant wishes to subdivide the parcel into two lots. The parcel is 5.924 acres. The applicant proposes to have one parcel which meets the lot requirement of 3.0 acres and the other to be 2.924 acres.

 

3. Section IV of the Zoning Law requires a minimum lot area of 3 acres in the R3A Zone.

 

4. There was no opposition to the application at the public hearing from any neighbors or public.

 

5. The Board notes that adjacent parcels are single-family residences ranging in size from 1.29 acres to 4.8 acres.

 

6. On balance, the Board finds that the lots will be consistent with and will not adversely impact the character of the neighborhood.

 

7. The Dutchess County Planning Board has stated that this is a matter of local concern.

 

8. Accordingly, the Zoning Board of Appeals, after due deliberation, grants the requested area variance from Section IV of the Town of Rhinebeck Zoning Code allowing for the subdivision of the current 5.924 acre parcel into two lots, one being 3.0 acres and the other 2.924 acres. The Board does so pursuant to its authority under Section XI of the law.

 

9. The variance will be null and void if not acted upon within one year of the granting of the variance.

 

10. The granting of the variance does not relieve applicant from obtaining whatever additional approvals and permits as required.

 

VOTE:

 

Motioned by: Jeff Irish David Baldauf - yes

Seconded by: Pierce Smith Jeff Irish - yes

Scott Bergin - absent

Pierce Smith - yes

Michael West - yes

 

 

Date Approved: September 17, 2008

Zoning Secretary: Jadeen Murray

 

 

V. ADJOURNMENT

The meeting was adjourned at 8:15 p.m.

 

 

Respectfully submitted,

 

 

 

Jadeen Murray

ZBA Secretary